Do you need a lien free title?

Congratulations on owning your vehicle free and clear. Now that your loan is paid off, you should receive a "letter of lien release" from the bank or financial institution that financed your vehicle.You cannot transfer ownership of a vehicle until the lien is cleared from the title.

How do I look up a tax lien in Ohio?

To obtain more information about the lien, contact the Attorney General's Office. For business taxes call 1-888-246-0488, for individual taxes call 1-888-301-8885.

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Ohio Request for Lien Information - Individual

Ohio Request for Lien Information - Individual

Category:

Liens - Construction - Mechanics

State:

Ohio

Control #:

OH-08-09

Format:

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Understanding this form

The Request for Lien Information - Individual is a legal document that allows the owner or lending institution to formally request information about a disputed payment related to construction work. This form is essential in situations where a subcontractor, materialman, or laborer has refused to issue a lien release, thereby necessitating that the owner or lender withhold payment from the contractor until the issue is resolved. This form is distinct from other lien forms as it focuses specifically on obtaining payment dispute details under Ohio Revised Code Section 1311.011(B)(8).

Key parts of this document

Identification of the parties involved, including the contractor and subcontractor.
Statement of the payment dispute and the refusal to provide a lien release.
Notification period for the subcontractor, material supplier, or laborer to respond.
Instructions related to withholding disputed payments.
Notary acknowledgment section for authenticity.

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Common use cases

This form should be utilized when a contractor is engaged in a project, and a payment dispute arises with a subcontractor, material supplier, or laborer. If the subcontractor refuses to release their lien, causing concerns for the contractor's payments, the owner or lending institution can issue this request for lien information. It is a necessary step in ensuring compliance with Ohio's lien laws and protecting the financial interests of all parties involved.

Who can use this document

This form is intended for:

Property owners who are managing construction projects.
Lending institutions involved in financing construction efforts.
Contractors facing payment disputes with subcontractors or laborers.

How to complete this form

Identify the parties involved by providing names and addresses.
Describe the nature of the payment dispute clearly.
State the amount that the subcontractor, material supplier, or laborer claims is due.
Enter the last date the subcontractor performed work or supplied materials.
Have the form signed and notarized to ensure its validity.

Does this form need to be notarized?

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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.

Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.

Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.

If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.

We protect your documents and personal data by following strict security and privacy standards.

Typical mistakes to avoid

Failing to provide complete information about the parties involved.
Not specifying the correct amount in dispute.
Neglecting to notarize the document, which may compromise its validity.
Missing the deadline for the subcontractor to respond, leading to automated payment withholding.

Why complete this form online

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Edit and personalize the form to fit your specific situation.
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FAQ

Electronic Titling Options. Ohio has a number of electronic titling options for entities who submit title transactions to Clerks of Courts on a regular basis. Each option carries with it a need to register with the Department of Public Safety (DPS) by completing the appropriate Participant Agreement for that option.

The state of Ohio allows county treasurers to pursue the delinquent property taxes directly, or the county treasurer may sell a tax lien certificate to the public.However, tax lien certificates are assignable and can be sold to investors to collect upon at a later time.

You can check the status of your Ohio refund online at the Ohio Department of Taxation website. by calling the Ohio Refund Hot Line at 1-800-282-1784. A taxpayer and/or spouse, if filing a joint return, who owes money for overpayment of public assistance.

In Ohio you can find out if your property has a lien on it by simply checking the records of the local county recorder and the local clerk of courts.

Congratulations on owning your vehicle free and clear. Now that your loan is paid off, you should receive a "letter of lien release" from the bank or financial institution that financed your vehicle.You cannot transfer ownership of a vehicle until the lien is cleared from the title.

If the title was lost after ownership was transferred, you can apply for a duplicate title. The State of Ohio requires that duplicate titles must be applied for by the owner of record at a county title office. The process requires a valid photo ID of the applicant and documentation of the vehicle identification number.

Go to the Ohio Bureau of Motor Vehicles website. Download and print out form BMV 3774, which is titled as an Application for Certificate of Title to a Motor Vehicle (see Resources). Fill out form 3774 with the information about the lien and lien holder included.

To obtain more information about the lien, contact the Attorney General's Office. For business taxes call 1-888-246-0488, for individual taxes call 1-888-301-8885.

According to Ohio law, the State can wait 7 years to hit you with a tax lien. And it can stay there for up to 40 years, unless of course you pay up. Jenkins only found out when the kept his tax refund. That's despite, he says, getting refunds for the past 15 years.

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Request for Lien Information - Individual

Note: This summary is not intended to be an all inclusive summary of the law of construction liens in Ohio, but does contain basic and other provisions.

Definitions relative to Ohio Mechanics' Liens as used in sections 1311.01 to 1311.22 of the Revised Code:

(A) "Owner," "part owner," or "lessee" includes all the interests either legal or equitable, which such person may have in the real estate upon which the improvements are made, including the interests held by any person under contracts of purchase, whether in writing or otherwise.

(B) "Materialman" includes any person by whom any materials are furnished in furtherance of an improvement.

(C) "Laborer" includes any mechanic, workman, artisan, or other individual who performs labor or work in furtherance of any improvement.

(D) "Subcontractor" includes any person who undertakes to construct, alter, erect, improve, repair, demolish, remove, dig, or drill any part of any improvement under a contract with any person other than the owner, part owner, or lessee.

(E) "Original contractor," except as otherwise provided in section 1311.011 [1311.01.1] of the Revised Code, includes a construction manager and any person who undertakes to construct, alter, erect, improve, repair, demolish, remove, dig, or drill any part of any improvement under a contract with an owner, part owner, or lessee.

(F) "Construction manager" means a person with substantial discretion and authority to manage or direct an improvement, provided that the person is in direct privity of contract with the owner, part owner, or lessee of the improvement.

(G) "Notice of commencement" means the notice specified in section 1311.04 of the Revised Code.

(H) "Notice of furnishing" means the notice specified in section 1311.05 of the Revised Code.

(I) "Materials" means all products and substances including, without limitation, any gasoline, lubricating oil, petroleum products, powder, dynamite, blasting supplies and other explosives, tools, equipment, or machinery furnished in furtherance of an improvement.

(J) "Improvement" means constructing, erecting, altering, repairing, demolishing, or removing any building or appurtenance thereto, fixture, bridge, or other structure, and any gas pipeline or well including, but not limited to, a well drilled or constructed for the production of oil or gas; the furnishing of tile for the drainage of any lot or land; the enhancement or embellishment of real property by seeding, sodding, or the planting thereon of any shrubs, trees, plants, vines, small fruits, flowers, or nursery stock of any kind; and the grading or filling to establish a grade.

(K) "Wages" means the basic hourly rate of pay and all other contractually owed benefits.

(L) "Home construction contract" means a contract entered into between an original contractor and an owner, part owner, or lessee for the improvement of any single- or double family dwelling or portion of the dwelling or a residential unit of any condominium property that has been submitted to the provisions of Chapter 5311. of the Revised Code; an addition to any land; or the improvement of driveways, sidewalks, swimming pools, porches, garages, carports, landscaping, fences, fallout shelters, siding, roofing, storm windows, awnings, and other improvements that are adjacent to single- or double family dwellings or upon lands that are adjacent to single- or double family dwellings or residential units of condominium property, if the dwelling, residential unit of condominium property, or land is used or is intended to be used as a personal residence by the owner, part owner, or lessee.

(M) "Home purchase contract" means a contract for the purchase of any single- or double family dwelling or residential unit of a condominium property that has been subjected to the provisions of Chapter 5311. of the Revised Code if the purchaser uses or intends to use the dwelling, a unit of a double dwelling, or the condominium unit as his personal residence.

(N) "Lending institution" means any person that enters into a contract with the owner, part owner, purchaser, or lessee to provide financing for a home construction contract or a home purchase contract, which financing is secured, in whole or in part, by a mortgage on the real estate upon which the improvements contemplated by the home construction contract are to be made or upon the property that is the subject of the home purchase contract, and that makes direct disbursements under the contract to any original contractor or the owner, part owner, purchaser, or lessee.

(O) "Original contractor" includes any person with whom the owner, part owner, lessee, or purchaser under a home purchase contract or a home construction contract has directly contracted.

Who My File a Lien?

Pursuant to Ohio statutes, a contractor, subcontractor, or materialman who has provided labor or materials to a construction project may file a lien against the property for the value of the labor performed or materials supplied by filing an Affidavit of Mechanic's Lien. A lien may not be obtained against property when the party claiming the lien has been paid in full before the property owner has received a copy of the lien claimant's Affidavit of Mechanic's Lien. O.R.C. 1311.01(B).

How Long Does a Lien Claimant Have to File a Lien?

An Affidavit for a Mechanic's Lien must be filed within sixty days from the last day of work performed by the party claiming the lien, if the project is a one or two family residential dwelling. Otherwise, the lien claimant has seventy-five (75) days to file for a lien. An exception is liens involving oil and gas leases, which may be filed within one hundred and twenty (120) days. O.R.C.1311.06(B).

What is a Notice of Commencement?

Prior to beginning work on a project which may give rise to a mechanic's lien, the property owner should file a Notice of Commencement with the county recorder in the county where the property is located. A Notice of Commencement is an affidavit which describes the improvements to be made to the property, the legal description of the property, and the names and addresses of all parties involved in the contract, along with some statutory notices, that put potential buyers or lenders on notice that improvements that may cause a lien to be filed are being made. O.R.C. 1311.04(A)(1).

A subcontractor, materialman, or laborer, may make a written request for a copy of the Notice of Commencement, to which the owner is obligated to respond within ten days. O.R.C. 1311.04(D).

What is a Notice of Furnishing?

As a counterpart to the owner's Notice of Commencement is the Notice of Furnishing that must be served by a subcontractor or materialsman on the property owner. A Notice of Furnishing serves to put the owner on notice that the party furnishing labor and materials may be entitled to a lien against the property. O.R.C. 1311.05(A)

If the Notice to Commencement has been filed, a party who wants to preserve their right to file a lien must file their Notice of Furnishing within twenty-one days of the Notice of Commencement being served. O.R.C. 1311.04(I).

How is a Lien Released?

When an Affidavit has been filed and the lien claimant has subsequently been paid, the property owner may file an affidavit attesting to the fact that the lien has been satisfied. The lienholder has thirty days from receipt of this affidavit to file a lien release or be subject to pay the property owner damages as a result. O.R.C. 1311.01(B)(3).

Lending institutions may not release funds to a contractor until that contractor has filed an affidavit stating that the contractor has paid all subcontractors, laborers, and materialmen in full, and that there are no further claims pending against the project. A property owner may issue written demand that the contractor issue this affidavit and may withhold payment until the affidavit is received. O.R.C. 1311.01(B)(4).

If there is a dispute between subcontractors and the principal contractor regarding payment, such that the subcontractor will not release his lien, under Ohio statutes, the property owner is entitled to withhold payment to the principal contractor in the amount of the lien. In response, the principal contractor and lending institution may demand that the lien holder provide them with information regarding the amount of the lien and the dates upon which work was performed. The owner or lending institution may only release payment to the original contractor when the lien holder has given notice that he has been paid, the subcontractor issues a lien release, the original contractor provides a bond, or the time under which a lien may be filed has expired. O.R.C. 1311.01(B)(8).

How Else May a Property Owner Respond to a Lien?

After a lien has been filed, a property owner may serve a Notice to the Lien holder to Commence Suit. Within thirty days of serving the notice the property owner must file the notice with an affidavit indicating how service was accomplished. The lien holder has sixty days after being served to file suit or his lien will be rendered void. O.R.C. 1311.11(B)(3)